Client:
Refers to any party, agent or representative of the said party on
behalf of whom the agent or representative acts in purchasing media from
or through ZaPOP.
Service Provider:
ZaPOP Media (Pty) Ltd (Registration Number:
2006/024059/07), Cnr van Riebeeckshof and Pontac Street, Oude
Westhof, Bellville, Cape Town (hereinafter referred to as "ZaPOP").The
Client has commissioned ZaPOP to supply certain media as per separate
order form.
In-store media:
All rental media that is approved and published by
ZaPOP on its website
(www.zapop.com), or media that was explicitly
approved by ZaPOP, for the retailer stores.
To avoid illegal media placing in the retailer stores, a PIN number and
take-down date (e.g. ZaPOP PIN: AS3341-1230607) will be printed on all
material to be used. The PIN number will be supplied by ZaPOP.
Certain media are only available in certain stores, namely:
a. Till Posters - selected stores.
b. Sensosheets - selected stores.
c. All other ZaPOP media - as per the list supplied by ZaPOP.
Availability restrictions per store apply to media in certain categories,
namely:
a. Shelf Defenders, Shelf Trays and Shelf Strips - no restriction.
b. Sensosheets, Till Posters - two brands per category.
c. Coupon Dispensing devices (all types) - one media type per
category.
d. Brand Sparklers - only three Brand Sparklers allowed per
category.
e. Other on-shelf devices - one brand per media type per
category.
The availability of media may be revised from time to time at ZaPOP's
sole discretion. Media availability and restrictions will be available on
www.zapop.com.
Categories and sub-categories are de ned by ZaPOP.
Clients have the option to have media printed by ZaPOP at standard
production costs, by themselves, or by their agencies/printers.
ZaPOP reserves the right to restrict certain media availability based on a
combination of factors which include, but are not limited to, the overuse
of certain media types.
Signed contracts must be sent to ZaPOP at least six weeks prior to the
campaign's commencement date. In cases where ZaPOP will be
producing the media, the contract will include information such as the list
of relevant stores where the media will be placed, the artwork needed to
produce the media, and the signed ZaPOP agreement. ZaPOP reserves
the right to accept/reject contracts that were signed late.
Where ZaPOP is to print the media, artwork must be delivered directly to
ZaPOP at least ve weeks prior to the campaign's commencement date.
ZaPOP reserves the right to accept/reject artwork that was not delivered
on time.
Where media printing is arranged by the Client, the nished items must be
sent at the Client's expense directly to ZaPOP to arrive at least two weeks
prior to assembly. All media must be packed and printed according to
ZaPOP's speci cations. Please note that all surplus media supplied to
ZaPOP or printed by ZaPOP - whether installed or never installed before
in a store - will be discarded at the end of each campaign. Should it be
required that media be stored, a request must be made in writing two
weeks before the end of the campaign. Media will only be stored by
ZaPOP once the cost and terms according to which ZaPOP will store
media have been agreed upon in writing by ZaPOP and the owner of the
media to be stored. Copies of the relevant speci cations are available
from ZaPOP's website -
www.zapop.com.
Where media printing is arranged by the Client or its agency, the nished
items must be delivered to ZaPOP. The Client will be responsible for all
delivery costs. Standard delivery fees will apply, using the lowest courier
rates available (usually overnight). However, the fees may increase if
same-day delivery or other urgent form of delivery is required due to any
delays incurred by the Client or its agency. Media needs to be delivered
two weeks prior to a campaign's commencement date.
Media containing various products: If, at the time of installation, one of
the products featured on the media is not stocked in the store or out of
stock, the media should contain the phrase "Selected stores has limited
range". This must be clearly visible on the media for shoppers to see, e.g.
visible from both sides of the Category Banner. If this phrase is not on
media containing various products and one of the products cannot be
found in that speci c store, no installation will take place.
Campaigns may only be postponed by a maximum of four months,
provided a letter of reason is presented to ZaPOP by the Client.
Campaigns may not be postponed once they have started, or may not be
postponed more than once. If contracts have been postponed they may
not be cancelled.
Some stores (monthly stores - these stores are indicated with an "M" on
your availability list) are serviced only once a month, reason being that
these stores are remote or outlying. Media will only be installed when
these monthly stores are serviced, which means it will also stay up longer
in these stores after the speci c campaign has ended. This should be
kept in mind for competition campaigns. Please allow seven days from
the commencement of the campaign for all media to be installed
(excluding Branded Calendar Displays, which will take up to fourteen
days to install).
Once an agreement has been signed by both parties, it becomes binding
- subject to the retailers allowing for the campaign to continue. In the case
where the retailer does not allow the campaign to continue for whatever
reasons, the agreement becomes of no force and effect.
It may happen that a campaign is approved in a speci c geographic
region, but declined by retailers in another - in such a case the campaign
will only continue to run in approved regions.
Should any one of the parties involved breach any provision or term set
out in the agreement (other than those which contain their own provisions
in respect of breaches) and fail to remedy such breach within fourteen
days of the date of receipt of written notice requiring to do so, the other
party/parties ("the aggrieved party") shall be entitled, in addition to any
other remedy available to it by law, to cancel this agreement or to claim
speci c performance.
All payments will be made 30 (thirty) days from invoicing. Any payments
not made within the agreed period may be excluded from any rebates
that have been negotiated between the Client and ZaPOP, and may also
incur interest charges on all amounts outstanding after this 30 (thirty) day
period. Should any deposit payments be required, it will be indicated on
the pro-forma invoice, or invoice for the relevant campaign.
The Client, its agent/s, representatives or staff, will refrain from installing
General Terms
48.